NRS 43.010Short title.This
chapter shall be known as the Judicial Confirmation Law.

(Added to NRS by 1969, 134)

NRS 43.020Legislative declaration.The
Legislature of the State of Nevada determines, finds and declares in connection
with this chapter:

1. An early judicial examination into and
determination of the validity of any power, instrument, act or project of any
municipality promotes the health, comfort, safety, convenience and welfare of
the people of this state.

2. The provision in this chapter of the
purposes, powers, duties, privileges, immunities, rights, liabilities and
disabilities pertaining to municipalities will serve a public function and
effect a public purpose.

3. Any notice provided for in this chapter
is reasonably calculated to inform each person of interest in any proceedings
thereunder which may directly and adversely affect the person’s legally
protected interests, if any.

4. The rule of strict construction shall
have no application to this chapter, but this chapter shall be liberally
construed to effect the purposes and objects for which it is intended.

(Added to NRS by 1969, 134)

NRS 43.030Definitions.Except
where the context otherwise requires, the definitions in NRS
43.040 to 43.090, inclusive, govern the
construction of the Judicial Confirmation Law.

(Added to NRS by 1969, 135)

NRS 43.040“Act” defined.“Act”
means any action, proposed or taken, by a municipality in the exercise of any
power.

(Added to NRS by 1969, 135)

NRS 43.050“Executive Officer” defined.“Executive
Officer” means the de jure or de facto Governor of this state, mayor, chair,
president or other titular head or chief official of the municipality
proceeding under this chapter, but “Executive Officer” does not include a city
manager, county manager or other chief administrator of a municipality who is
not its titular head.

(Added to NRS by 1969, 136)

NRS 43.060“Governing body” defined.

1. “Governing body” means:

(a) The state commission or state board
responsible for the exercise of a power by the State or responsible for an
instrument, act or project of the State to which court proceedings authorized
by this chapter and initiated by the State pertain; and

(b) The city council, city commission, board of
supervisors, board of commissioners, board of trustees, board of directors,
board of regents or other legislative body of a municipality proceeding under
this chapter.

2. “Governing body” does not include the
Legislature of the State of Nevada if the municipality is the State or any
corporation, instrumentality or other agency thereof.

(Added to NRS by 1969, 135)

NRS 43.070“Instrument” defined.“Instrument”
means any contract, deed, bond, other security, proceedings or other document
of any kind, proposed, or executed or otherwise made, and pertaining to a
municipality proceeding under this chapter.

(Added to NRS by 1969, 135)

NRS 43.080“Municipality” defined.“Municipality”
means the State of Nevada, or any corporation, instrumentality or other agency
thereof, or any incorporated city, any unincorporated town, or any county,
school district, conservancy district, drainage district, irrigation district,
general improvement district, other corporate district constituting a political
subdivision of this State, housing authority, urban renewal authority, other
type of authority, the Nevada System of Higher Education, the Board of Regents
of the University of Nevada, or any other body corporate and politic of the
State of Nevada, but excluding the Federal Government.

NRS 43.090“Project” defined.“Project”
means any undertaking, proposed or taken, to which a power, instrument or act
of a municipality proceeding under this chapter and before a court for judicial
confirmation pertains.

1. In its discretion the governing body
may file or cause to be filed a petition at any time in the district court in
and for any county in which the municipality is located or any act or project
is undertaken, wholly or in part, praying a judicial examination and
determination of the validity of any power conferred or of any instrument, act
or project of the municipality, whether or not such power has been exercised,
such instrument has been executed or otherwise made or such act or project has
been taken.

2. Such petition shall set forth the facts
whereon the validity of such power, instrument, act or project is founded and shall
be verified by the Executive Officer.

(Added to NRS by 1969, 135)

NRS 43.110Action in nature of proceeding in rem; jurisdiction of parties.The action shall be in the nature of a
proceeding in rem, and jurisdiction of all parties interested may be had by
publication and posting, as provided in this chapter.

(Added to NRS by 1969, 136)

NRS 43.120Notice of filing of petition: Contents; service by publication
and posting.

1. Notice of the filing of the petition
shall be given by the clerk of the court, under the seal thereof, stating in
brief outline the contents of the petition and showing where a full copy of any
instrument therein mentioned may be examined.

2. The notice shall be served:

(a) By publication at least once a week for 5
consecutive weeks by five weekly insertions, in at least a newspaper of general
circulation in the municipality; and

(b) By posting the same in the office of the
municipality at least 30 days prior to the date fixed in the notice for the
hearing on the petition.

3. Jurisdiction shall be complete after
such publication and posting.

(Added to NRS by 1969, 136)

NRS 43.130Owner of property or interested party may move to dismiss or
answer; effect of failure to appear.

1. Any owner of property in the municipality
or any other person interested in the power, instrument, act or project, or
otherwise interested in the premises may appear and move to dismiss or answer
the petition at any time prior to the date fixed for the hearing or within such
further time as may be allowed by the court.

2. The petition shall be taken as
confessed by all persons who fail so to appear.

(Added to NRS by 1969, 136)

NRS 43.140Hearing; findings; judgment and decree; costs.

1. The petition and notice shall be
sufficient to give the court jurisdiction, and upon hearing the court shall
examine into and determine all matters and things affecting the question
submitted, shall make such findings with reference thereto and render such
judgment and decree thereon as the case warrants.

2. Costs may be divided or apportioned
among any contesting parties in the discretion of the district court.

(Added to NRS by 1969, 136)

NRS 43.150Review of judgment: Time for application.Review of the judgment of the court may be had
as in other similar cases, except that such review must be applied for within
30 days after the time of the rendition of such judgment or within such
additional time as may be allowed by the court within 30 days.

(Added to NRS by 1969, 136)

NRS 43.160Applicability of Nevada Rules of Civil Procedure; early
hearings.

1. Nevada Rules of Civil Procedure shall
govern in matters of pleading and practice where not otherwise specified
herein.

2. The court shall disregard any error,
irregularity or omission which does not affect the substantial rights of the
parties.

3. All cases in which there may arise a
question of the validity of any matter under this chapter shall be advanced as
a matter of immediate public interest and concern, and be heard at the earliest
practicable moment.

(Added to NRS by 1969, 136)

NRS 43.170Effect of chapter.

1. This chapter, without reference to
other statutes of this state, except as otherwise expressly provided in this
chapter, shall constitute full authority for the exercise of the powers therein
granted.

2. The powers conferred by this chapter
shall be in addition and supplemental to, and not in substitution for, and the
limitations imposed thereby shall not affect the powers conferred by, any other
law.

3. Nothing contained in this chapter shall
be construed as preventing the exercise of any power granted to the
municipality, acting by and through the governing body, or any officer, agent
or employee of the municipality, or otherwise, by any other law.

4. No part of this chapter shall repeal or
affect any other law or part thereof, it being intended that this chapter shall
provide a separate method of accomplishing its objectives and not an exclusive
one; and this chapter shall not be construed as repealing, amending or changing
any such other law.